00 31 24 EA Information.pdf

Lower Rio Grande Flood Control Project North Banker Floodway Levee Improvements Project Hidalgo County, Texas

ENVIRONMENTAL ASSESSMENT INFORMATION

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AVAILABLE INFORMATION 00.31.24

ENVIRONMENTAL DOCUMENT INFORMATION

The Project’s environmental documents entitled “Final Environmental Assessment on Improvements to the North and Main Floodways Levee Systems” is available for the Contractor to review and can be found at: http://www.ibwc.gov/Organization/Environmental/reports_studies.html#Environ_Assessments

1. Establishing and Acquisition Authorities. Various authorities include:

• Fish and Wildlife Act of 1956 [16 U.S.C. 742f (a) (4)], [16 U.S.C. 742f(b)(1)]

• An Act Authorizing the Transfer of Certain Real Property for Wildlife, or other purposes [16

U.S.C. 667b]

• Refuge Recreation Act, as amended [16 U.S.C. 460k-1], [16 U.S.C. 460k-2]

• Migratory Bird Treaty Act [16 U.S.C. 703]

• National Wildlife Refuge System Improvement Act of 1997

Abatement and Mitigation of Excessive or Unnecessary Noise. Minimize noise throughout all phases of the Contract. Exercise particular and special efforts to avoid the creation of unnecessary noise impact on adjacent noise sensitive receptors in the placement of non-mobile equipment such as air compressors, generators, pumps, etc. Place mobile and stationary equipment to cause the least disruption of normal adjacent activities.

All equipment associated with the work must be equipped with components to suppress excessive noise and these components must be maintained in their original operating condition considering normal depreciation. Noise attenuation devices installed by the manufacturer such as mufflers, engine covers, insulation, etc. must not be removed nor rendered ineffectual nor be permitted to remain off the equipment while the equipment is in use.

Preservation of Cultural and Natural Resources and the Environment. If the Contractor initiates changes to the Contract and IBWC approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agencies.

A. Cultural Resources. Cease all work immediately if a site, building, or location of historical, archeological, educational, or scientific interest is discovered within the right of way. The site, building, or location will be investigated and evaluated by IBWC.

B. Texas Pollutant Discharge Elimination System (TPDES) Permits and Storm Water Pollution Prevention Plans (SWP3). IBWC will file the Notice of Intent (NOI) and the Notice of Termination (NOT) for work shown on the plans in the right of way. Adhere to all requirements of the SWP3.

C. Work in Waters of the United States. For work in the right of way, IBWC will obtain any required Section 404 permits from the U.S. Army Corps of Engineers before work begins. Adhere to all agreements, mitigation plans, and standard best management practices required by the permit. When

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Contractor-initiated changes in the construction method changes the impacts to waters of the U.S., obtain new or revised Section 404 permits.

D. Work in Navigable Waters of the United States. For work in the right of way, IBWC will obtain any required Section 9 permits from the U.S. Coast Guard before work begins. Adhere to the stipulations of the permits and associated best management practices. When Contractor-initiated changes in the construction method changes the impacts to navigable waters of the U.S., obtain new or revised Section 9 permits.

E. Work Over the Recharge or Contributing Zone of Protected Aquifers. Make every reasonable effort to minimize the degradation of water quality resulting from impacts relating to work over the recharge or contributing zones of protected aquifers, as defined and delineated by the TCEQ. Use best management practices and perform work in accordance with Contract requirements.

F. Project-Specific Locations. For all project-specific locations (PSLs) on or off the right of way (material sources, waste sites, parking areas, storage areas, field offices, staging areas, haul roads, etc.), signing the Contract certifies compliance with all applicable laws, rules, and regulations pertaining to the preservation of cultural resources, natural resources, and the environment as issued by the following or other agencies:

• Occupational Safety and Health Administration,

• Texas Commission on Environmental Quality,

• Texas Department of Transportation,

• Texas Historical Commission,

• Texas Parks and Wildlife Department,

• Texas Railroad Commission,

• U.S. Army Corps of Engineers,

• U.S. Department of Energy

• U.S. Department of Transportation,

• U.S. Environmental Protection Agency,

• U.S. Federal Emergency Management Agency, and

• U.S. Fish and Wildlife Service.

All subcontractors must also comply with applicable environmental laws, rules, regulations, and requirements in the Contract. Maintain documentation of certification activities including environmental consultant reports, Contractor documentation on certification decisions and contacts, and correspondence with the resource agencies. Provide documentation upon request.

Obtain written approval from the Engineer for all PSLs in the right of way not specifically addressed in the plans. Prepare an SWP3 for all Contractor facilities, such as asphalt or concrete plants located within IBWC right of way. Comply with all TCEQ permit requirements for portable facilities, such as concrete batch plants, rock crushers, asphalt plants, etc. Address all environmental issues, such as Section 404 permits, wetland delineation, endangered species consultation requirements, or archeological and historic site impacts. Obtain all permits and clearances in advance.

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9. Other considerations. The Contractor is required to adhere to the following:

(a) No excavation event should be performed on LRGV NWR property. If during construction it is found that there is a need to perform construction on LRGV NWR property, the Contractor shall not begin construction without obtaining a Special Use Permit from the LRGV NWR or without the notification of the activity to the Refuge Manager; all federally mandated consultations and the procurement of permits will be completed by the Government, including, but not limited to, those required by the U.S. Army Corps of Engineers and the Texas State Historic Preservation Office.

(b) Vegetated areas will be clearly marked by an environmental monitor and work activities will avoid these areas.

(c) Proper training will be given to machine operators to reduce the risk of accidental mortality to less mobile terrestrial wildlife.

(d) Ensure that all Environmental Permits, Issues, and Commitments (EPIC), which are included within the PS&E are followed and implemental to ensure potential impacts are avoided.

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